Universities to share more information on the outcomes of harassment cases

This is the headline recommendation from guidance released today on the sharing of personal data in harassment cases by Universities UK (UUK), developed in partnership with Coventry University, which aims to stop concerns around data protection law being a barrier to effective complaints handling.

In 2019, the Equality and Human Rights Commission reported that many universities felt that their ability to share information relating to outcomes and sanctions in complaints was limited by data protection concerns.

Today’s guidance argues that data protection legislation should not automatically prevent universities from sharing such information with individuals who have made a complaint. Instead, universities are asked to approach each case individually, with the confidence to share information as long as it is reasonable and legally appropriate in the circumstances.

Withholding information on complaint outcomes can impact a victim’s willingness to formally report an incident, as they may lack confidence that doing so will lead to a fair and effective response. They may even have concerns for their safety, or the safety of others, if the response and action taken is not explained.

Professor David Richardson, Vice-Chancellor, University of East Anglia, who chaired the wider stakeholder group that supported the work, said:

Specific recommendations outlined to help university leaders shift the culture within their institutions on these matters include:

• avoid blanket refusals to share information on outcomes and challenge the perception that such blanket refusals are necessary under data protection legislation
• take more case appropriate decisions, depending on the specific facts of the case
• be more transparent in how cases are handled, and manage the expectations of everyone involved about what they can expect from the process and what information might be shared
• update public policies to reflect that personal data may be shared in some circumstances relating to harassment complaints.

The guidance also includes practical advice and a tool to support universities when deciding whether to share personal data and if so, what data to share, along with a template for documenting such decisions.

UUK has consulted with the Information Commissioner’s Office on the guidance and the regulator has welcomed the framework as a mechanism that can support universities in deciding whether to share personal data.

Notes

• These recommendations mirror guidance from the Advisory, Conciliation and Arbitration Service (ACAS) for handling sexual harassment cases which states that employers should approach each case individually and, where possible, tell the person who made a complaint what disciplinary action has been taken. 
• Alongside the recommendations, a tool, set out in the Practical guide for practitioners, will support universities managing harassment complaints. The tool walks them through the decision-making process, asking them to consider:
  • the benefits of sharing/not sharing the outcome of a case
  • whether the sharing is necessary, including looking at any ethical considerations
  • whether what you are sharing is proportionate to what needs to be shared
• In producing this work, UUK was taking forward a recommendation from the EHRC to 'work with the sector, the Information Commissioners Office (ICO) and Data Protection Officers (DPOs) to develop sector guidance to increase understanding around when it is appropriate to share personal data when managing harassment complaints.'
• The guidance was compiled in consultation with all of these groups, as well as practitioners.
• The resulting guidance is a ‘living’ document. UUK will engage with universities over the coming 12 months to understand how this guidance has been used and implemented; this will be followed by a full review in 2023 and may be updated as new issues arise or to provide further clarification.
• Elizabeth Dunford, Principal Solicitor (Technology/Data Protection) at Coventry University was the lead author of this guidance.
• Universities UK is the collective voice of 140 universities in England, Scotland, Wales and Northern Ireland. Its mission is to create the conditions for UK universities to be the best in the world; maximising their positive impact locally, nationally and globally. Universities UK acts on behalf of universities, represented by their heads of institution.